Email to the EFF

Hi,
I received a DCMA copyright claim message from Youtube this morning, and would like to find out if filing a counter claim (within the 14 day period provided for) would be advisable given the circumstances and content of the video in question.

The video removed was an alternative music video I produced for the song ‘Cheated Hearts’ by the band ‘Yeah Yeah Yeahs’.
Ordinarily this would be clear grounds for removal under the DCMA. However, the official video for this song, (available http://www.youtube.com/watch?v=YkFg0CgCxw8) is composed primarily of user generated content, gathered through a contest in June 2006 (see http://www.yeahyeahyeahs.com/cheatedhearts/rules.html) – including content created by myself.

The video removed under the DCMA was a longer version of my section of the bands final video – edited by myself, including only images created by myself as part of this contest, but soundtracked by the bands original song.

As the original video is user generated, would I be likely to succeed in the event of a DCMA counter claim? As I’m located in Ireland rather than the US, would I be protected from legal action should my counter claim fail? What tactic should I take in arguing my case via a DCMA counter claim

Apologies for submitting this question in a non standard format (rather than through the form provided at http://www.chillingeffects.org/submit.cgi), but the take down notice provided by Youtube does not include any information related to the source of the original take down notice.

If possible, please contact me with any questions or advice as soon as possible, as I wish to respond to this claim in a timely fashion.

Kind regards,
Gareth Stack

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